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MILLER v. PENNSYLVANIA RAILROAD COMPANY

No. 11640.

233 F.2d 535 (1956)

Virginia J. MILLER, administratrix of the estate of Robert B. Miller, deceased, Plaintiff-Appellant, v. PENNSYLVANIA RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied June 11, 1956.

Attorney(s) appearing for the Case

Roland Obenchain, Jr., South Bend, Ind., for appellant.

James W. Oberfell, George N. Beamer, South Bend, Ind., for defendant-appellee, Crumpacker, May, Beamer, Levy & Searer, South Bend, Ind., of counsel.

Before FINNEGAN, LINDLEY and SCHNACKENBERG, Circuit Judges.

SCHNACKENBERG, Circuit Judge.

Plaintiff sued defendant to recover damages for the death of decedent, which, plaintiff alleges, was the result of personal injuries sustained by decedent when a negligently operated train of defendant collided with decedent's automobile at a crossing of the railroad over Ireland Road in St. Joseph County, Indiana, which crossing was negligently maintained by defendant. At the close of plaintiff's case, the district court directed a verdict...

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